dismissed EB-1A Case: Unknown

, , 
'identifying data deleted to 
prevent clearly unwarr~nted 
invasion of personal pnvacy 
PUBLIC COpy 
FILE: 
INRE: Petitioner: 
Beneficiary: 
U.S. Department of Homeland Security 
U.S. Citizenship and Immigration Services 
Office of Administrative Appeals MS 2090 
Washington, DC 20529-2090 
u.s. Citizenship 
and Immigration 
Services 
Office: TEXAS SERVICE CENTER Date: 
DEC 0 7 2010 
PETITION: Immigrant Petition for Alien Worker as an Alien of Extraordinary Ability Pursuant to Section 
203(b)(1)(A) of the Immigration and Nationality Act, 8 U,S,C § 1153(b)(1)(A) 
ON BEHALF OF PETITIONER: 
INSTRUCTIONS: 
Enclosed please find the decision of the Administrative Appeals Office in your case, All of the documents 
related to this matter have been returned to the office that originally decided your case, Please be advised that 
any further inquiry that you might have concerning your case must be made to that office, 
If you believe the law was inappropriately applied by us in reaching our decision, or you have additional 
information that you wish to have considered, you may file a motion to reconsider or a motion to reopen, The 
specific requirements for filing such a request can be found at 8 CF,R, § 103.5, All motions must be 
submitted to the office that originally decided your case by filing a Form I-290B, Notice of Appeal or Motion, 
with a fee of $630, Please be aware that 8 CF,R, § 103,5(a)(1)(i) requires that any motion must be filed 
within 30 days of the decision that the motion seeks to reconsider or reopen, 
www.uscis.gov 
Page 2 
DISCUSSION: The employment-based immigrant visa petition was denied by the Director, Texas 
Service Center. The Administrative Appeals Office (AAO) dismissed a subsequent appeal. The matter 
is now before the AAO on a motion to reopen. The motion will be dismissed pursuant to 8 C.F.R. 
§§ 103.5(a)(I)(iii)(A), 103.5(a)(I)(iii)(C), and 103.5(a)(4). 
The regulation at 8 C.F.R. § 103.3(a)(I)(iii) states: 
(B) Meaning of affected party. For purposes of this section and §§ 103.4 and 103.5 of this 
part, affected party (in addition to the Service) means the person or entity with legal 
standing in a proceeding. It does not include the beneficiary of a visa petition. An affected 
party may be represented by an attorney or representative in accordance with part 292 of this 
chapter. 
The regulation at 8 C.F.R. § 103.5(a)(l) provides, in pertinent part: 
(iii) Filing Requirements - A motion shall be submitted on Form I-290B, and may be 
accompanied by a brief. It must be: 
(A) In writing and signed by the affected party or the attorney or representative of 
record, if any; 
(B) Accompanied by a nonrefundable fee as set forth in § 103.7; 
(C) Accompanied by a statement about whether or not the validity of the 
unfavorable decision has been or is the subject of any judicial proceeding and, if so, 
the court, nature, date, and status or result of the proceeding; 
(D) Addressed to the official having jurisdiction; and; 
(E) Submitted to the office maintaining the record upon which the unfavorable 
decision was made for forwarding to the official having jurisdiction. 
Finally, with respect to a Form 0-28, the regulation at 8 C.F.R. § 292.4(a) provides, in pertinent 
part: 
The form must be properly completed and signed by the petitIOner, applicant or 
respondent to authorize representation in order for the appearance to be recognized by 
DHS. 
The petitioner was represented by attorney Tina Diaz at the time of filing the petition and on appeal. 
The record contains a properly completed Form 0-28, Notice of Entry of Appearance as Attorney or 
Representative, dated May 26, 2009. The Form 0-28 is signed by both the alien petitioner and Ms. 
Diaz. 
Page 3 
On June 25, 2010, attorney 
Motion, identifying himself as attorney and bearing 
Part 1 of the Fonn 1-290B specifically instructs the attorney or replres,ent,ati've G-28, 
Notice of Entry of Appearance as Attorney or Representative." The Fonn G-28 submitted by •. 
_ identifies himself rather than the alien as the "Petitioner" in Part 1 of the Fonn G-28. 
Further, Part 1 of the Fonn G-28 has not been signed by the alien petitioner. Thus, the Fonn G-28 
submitted by is not valid. Accordingly, the motion has not been signed by the petitioner 
(the affected party in this proceeding) or by the petitioner's attorney or representative of record as 
required by the regulation at 8 C.F.R. § 103.5(a)(1)(iii)(A), and must be dismissed. Moreover, the 
motion does not contain the statement about whether or not the validity of the unfavorable decision has 
been or is the subject of any judicial proceeding as required by the regulation at 8 C.F.R. 
§ 103.5(a)(1)(iii)(C). For this additional reason, the motion must be dismissed. 
Motions for the reopening of immigration proceedings are disfavored for the same reasons as petitions 
for rehearing and motions for a new trial on the basis of newly discovered evidence. INS v. Doherty, 
502 U.S. 314, 323 (1992) (citing INS v. Abudu, 485 U.S. 94 (1988)). A party seeking to reopen a 
proceeding bears a "heavy burden." INS v. Abudu, 485 U.S. at 110. With the current motion, the 
movant has not met that burden. 
The regulation at 8 C.F.R. § 103.5(a)(4) states that "[a] motion that does not meet applicable 
requirements shall be dismissed." Accordingly, the motion will be dismissed, the proceedings will not 
be reopened, and the previous decision ofthe AAO will not be disturbed. 
ORDER: The motion is dismissed.